This website, www.zack-phillips.com, is owned and operated by Zack Phillips of Zack Phillips Photography (hereby referred to as “us,” “we,” “our,” and “ZPP.”) The use of our website, services and/or mobile applications (“Site”) indicates your unconditional acceptance of these terms and conditions of use (“Terms and Conditions”).
We reserve the right, in our sole discretion, to update or revise these Terms and Conditions. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The Terms and Conditions govern the use of the Site as well as the purchase of any products or services available through the Site. If you do not wish to be bound by these Terms and Conditions, including but not limited to the class action waiver below, please do not use the Site or purchase products or services from us.
Headings are for convenience only and shall be ignored in interpreting these Terms and Conditions.
LICENSE AND ACCESS
We grant you a limited, revocable license to access and make personal and non-commercial use of the Site. Any use of the Site or its content that is not expressly authorized in these Terms and Conditions is prohibited and immediately terminates the license granted herein. Moreover, you are not permitted to:
– Reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content (“Site Content”) for any purpose, except as expressly provided;
– Use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
-Use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;
-Engage in any activity that interferes with the Site or another user’s information or use of the website;
-Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the website; or
-Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
YOU ACKNOWLEDGE THAT:
-The Site Content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of ZPP and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
-If you give us feedback regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you.
-We reserve all rights in and to the Site unless we expressly state otherwise.
-We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders in our sole discretion…
YOU CONFIRM THAT:
– You are eighteen (18) years of age or older.
You represent that all of the information, data and other materials you provide on the Site or to Zack Phillips Photography through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on the Site, as appropriate.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Zack Phillips Photography (the “Linked Websites or Resources”). These links are provided as a convenience to you and as an additional avenue of access to the information contained in those Linked Websites or Resources. We are not responsible or liable for any content, advertising, products or other materials on or available from the Linked Websites or Resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of Linked Websites or Resources. Different terms and conditions and policies may apply to your use of any Linked Websites or Resources. ZPP is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such Linked Websites or Resources.
You will indemnify and hold harmless Zack Phillips Photography from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by ZPP and such parties, and shall defend ZPP and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) your breach of the Terms and Conditions; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. ZPP will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of ZPP.
DISCLAIMER OF WARRANTIES
Except as otherwise expressly provided in these terms and conditions, or required by applicable law, ZPP makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of ZPP membership, any content on the sites, or any products or services purchased through ZPP sites, as well as warranties implied from a course of performance or course of dealing. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you. Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. ZPP disclaims any warranties that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the site shall create any warranty of any kind.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
LIMITATION OF LIABILITY
Some of the products and services available on this site at times may be provided by independent contractors and not agents or employees of ZPP. ZPP is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site, communications with third parties, and purchase and use of the products and services available through this site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither ZPP nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this site, or any other site or resource you access through a link from this site; (2) any action we take or fail to take as a result of communications you send to us; (3) any termination or cancellation of your right to access or use this site; (4) any products or services made available or purchased through this site, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the site or any information, products or services advertised in or obtained through the site; (6) the modification, removal or deletion of any content submitted or posted on the site; or (7) any use of the site, whether based on contract, tort, strict liability or otherwise, even if ZPP has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither ZPP nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your remedy for any of the above claims or any dispute with ZPP is to discontinue your use of the site.
RISK OF LOSS
The items purchased from our Site are shipped by a third party carrier, pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
We attempt to describe the products and services offered through the Site as accurately as possible. However, we do not warrant that these descriptions or other content of the website are absolutely accurate, complete, reliable, current or error-free.
ORDER ACCEPTANCE; PAYMENT PROCESSING
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
You acknowledge that payment for your order will be processed upon submission of your order through the Site.
In the event of a pricing error on our website, ZPP reserves the right to cancel any orders resulting from such pricing errors.
All sales placed through the Site are final. ZPP has a no return and no refund policy. If you receive the wrong print or the print is damaged when it arrives to you please contact us.
ASSIGNMENTS; THIRD PARTY BENEFICIARIES
You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of ZPP, which may be withheld in ZPP’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void.
ZPP may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.
No failure or delay by ZPP to exercise any right or remedy provided under this Agreement by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict further exercise of that or any other right or remedy.
ZPP shall be excused from performance under these Terms and Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of ZPP.
If at any time, we notify you that your access to and/or use of the Site is terminated, you must cease and desist from all such access and/or use immediately.
If we terminate your use of the Site for failure to comply with these Terms and Conditions or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your user content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account or access to the Site.
We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.
Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
All content including, but not limited to artwork, products, the appearance of the Site and other trade dress, trademarks, logos, service marks and any software programs available on or through the Site (the “Site IP”) is the property of ZPP or its licensors, content providers or other third parties and is protected by copyright, trademark and other applicable U.S. and foreign intellectual property laws. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of ZPP or such third party that owns the Site IP. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without ZPP’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without ZPP’s express written consent.
NOTICE TO CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
CHOICE OF LAW AND FORUM
You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute, claim, suit, action, cause of action, demand or proceeding) (collectively, the “Disputes”) of any sort that might arise between you and us relating to the use of this Site or products or services purchased from ZPP. Any dispute relating in any way to your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in King County, Washington, and you consent to exclusive jurisdiction and venue in such court.
You agree that any Dispute arising out of or related to these Terms and Conditions, the Site or the products or services purchased from ZPP is personal to you and ZPP and that such Dispute will be resolved solely through individual action, or if mutually agreed upon arbitration, and will not be brought as a class action, class arbitration or any other type of representative proceeding. You and ZPP agree that there will be no class action or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and ZPP agree that a Dispute cannot be brought as a class or other type of representative action, whether in or outside arbitration, or on behalf of any other individual or group of individuals.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our Site, Terms and Conditions and policies at any time and in our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit the Site. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes.
If any of the Terms and Conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severed and deleted to the extent required and shall not affect the validity and enforceability of any remaining term or condition.
If any invalid, unenforceable or illegal provision of the Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
These Terms and Conditions constitute the entire agreement and understanding between you and ZPP with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
In some instances, both these Terms and Conditions and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective date: March 28, 2020